Submit multiple appeals
Pursuant to the direction of the Provincial People's Committee and the Department of Transport, the Chief Inspector of the Department of Transport has issued a decision to inspect the compliance with the provisions of the law on business and conditions for doing business in automobile transport (inspection period from January 1, 2023 to the time of inspection).
The inspection team conducted direct inspections at the units from March 28 to April 26, 2024. Through professional measures, the inspectors discovered that the Nui Thanh District Road Motor Transport Cooperative (abbreviated as Nui Thanh Cooperative) did not organize transport training for 23/23 drivers from January 1, 2023 to August and September 2023; did not periodically report on the transport operation situation before the 20th of each month as prescribed.
Inspecting 14 transport business units, only Nui Thanh Cooperative did not fully implement traffic safety procedures as prescribed.
Chief Inspector of the Department of Transport - Mr. Truong Van Son said that Nui Thanh Cooperative does not check the traffic safety conditions of cars and drivers before transporting, but only checks on January 1st of every month.
This unit does not log into the journey monitoring device to monitor the vehicle's operation to immediately remind the driver according to regulations when detecting violations such as speeding, exceeding the driver's continuous driving time, exceeding the working time of the day, operating on the wrong route, or the journey monitoring device has no signal.
The cooperative also did not keep statistics on the distance the vehicle had traveled when the driver finished his assigned task. On May 24, the Chief Inspector of the Department of Transport signed a decision to impose an administrative penalty for the act of "Failure to comply with the prescribed traffic safety procedures" (violating point i, clause 4, Article 28, Decree No. 100/2019/ND-CP), imposing a fine of VND 7 million, and an additional penalty of revoking the right to use the transport business license for a period of 2 months.
After the Chief Inspector of the Department of Transport issued the inspection conclusion (May 14, 2024), on May 16, Nui Thanh Cooperative sent a request for review to the Department of Transport asking for members who are vehicle owners to continue operating, because the revocation of the transport business license affects economic life, especially the bank loan interest.
Also explaining the objective and subjective difficulties, on May 24, this unit continued to submit a request for review to the Provincial People's Committee, Department of Transport, Department of Transport Inspectorate, Nui Thanh District People's Committee and a number of related units to reduce the fine to 30 days.
On May 28, the Director of the Department of Transport responded in writing to the Cooperative's petition. Accordingly, the failure to log into the journey monitoring device to monitor the vehicle's operation in order to immediately remind the driver according to the regulations when detecting a driver's violation actually lasted from January 1, 2023 to April 2024, not just interrupted during the time the Cooperative changed its headquarters and completed its personnel as the petition stated (in July 2023 - PV).
Many other violations also lasted for a long time, not a short time. Based on the inspection results, the petition content, and the mitigating provisions of the law, the Department of Transport has no basis to consider applying a mitigating measure to shorten the suspension period of the transport business license.
Proper handling
On June 12, the Department of Transport and the Director of the Department of Transport received an urgent request for help from representatives of cooperative members and members of cooperatives with buses (Nui Thanh Cooperative) running the Nui Thanh - Tam Ky route.
These members said that if the bus route does not run, the elderly and sick will not have relatives to take them to the hospital, and students will not have a vehicle to go to school...
In fact, the Tam Ky - Nui Thanh bus route also has the participation of Tam Ky City Transport and General Business Cooperative, including 5 buses currently operating to serve passengers.
In order to resolve the petition and explain and propagate the law on automobile transport business activities, the Director of the Department of Transport invited the Management Board and members of Nui Thanh Cooperative to meet with citizens according to the citizen reception schedule on June 17 for a dialogue.
According to the content of the Conclusion Notice No. 2273 dated June 25, 2024 of the Department of Transport, the members of the Board of Directors and members of the Cooperative all agreed with the content of the inspection conclusion and the decision to handle administrative violations. The Department of Transport once again affirmed that there is no legal basis to apply mitigating circumstances, shorten the period of revocation of the transport business license, and allow the unit's buses to operate...
Director of the Department of Transport Van Anh Tuan said that the industry has requested that during the time of implementing the penalty decision, Nui Thanh Cooperative consolidate and improve its organizational structure; the management board, transport operators, and traffic safety management department must meet the requirements and conditions, have professional expertise, grasp and regularly update legal regulations, instructions and guidance of the Provincial People's Committee and the Department of Transport to promptly organize implementation, at the same time propagate, guide and thoroughly educate members to comply and strictly implement...
Source: https://baoquangnam.vn/quyet-dinh-xu-phat-htx-van-tai-nui-thanh-so-gtvt-khang-dinh-xu-ly-dung-quy-dinh-3137282.html
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